District attorney: David Soares

Our opinion: Lee Kindlon hasn’t made the case to dismiss a proven incumbent who has stood up to the old guard.

Eight years ago, David Soares ran on a promise to be a different kind of district attorney than the people of Albany County had been accustomed to. He’s kept that promise.

Now he’s challenged in the upcoming Democratic primary by Lee Kindlon, a former Marine prosecutor and a conflict defender for the county, who seems similarly progressive. Indeed, if Mr. Kindlon was running against some old-school, narrow-thinking opponent, we would have no problem endorsing him. He’s smart and aggressive.

But the fact is that Mr. Soares has for eight years been walking the walk that Mr. Kindlon talks. What’s more, he’s done it in the face of sometimes bitter opposition from the old guard of the county’s legal and law enforcement ranks. Re-electing him wouldn’t just keep a good DA in place. It would send a message to that old guard that their time is past.

Simply put, Mr. Kindlon hasn’t made the case to replace Mr. Soares. His assertion that Mr. Soares is to blame for Albany County’s second-highest-in-the-state crime rate is clearly an implausible oversimplification for political convenience. Mr. Kindlon, conspicuously, has nothing but praise for Schenectady County District Attorney Bob Carney — whose county has New York’s highest crime rate.

Nor do the numbers help Mr. Kindlon’s thesis: Albany County’s crime rate has been declining fairly steadily during Mr. Soares’ time as DA, dropping 19 percent between 2004 and 2011.

Beyond the statistics, Mr. Soares — now working with a more progressive, community-oriented police department under Albany Chief Steven Krokoff — has reached out in particular to Albany’s poor, high-minority, high-crime neighborhoods, often through community events designed to build familiarity and trust so that people report more crimes and cooperate in prosecutions.

Mr. Soares has rankled people who aren’t used to a truly independent prosecutor. He didn’t score points among defense attorneys, including Mr. Kindlon, when he declared that his office would no longer plea bargain cases in which drivers refuse to take sobriety tests. Nor have his tough policies on DWIs endeared him to some police, who have found this prosecutor isn’t letting them off the hook when they drink and drive.

Mr. Soares showed his mettle when he stood up to Gov. Andrew Cuomo last year when the governor sought to evict “Occupy Albany” protesters who camped in parks across from the state Capitol. Mr. Soares refused to prosecute peaceful protesters. Mr. Kindlon faults Mr. Soares for unequal application of the law; we see it as a courageous exercise of discretion that prevented the heavy-handed response to legitimate dialogue that brought turmoil in many cities.

To be sure, Mr. Soares is not a flawless DA. Mr. Kindlon says nuts-and-bolts matters in the office aren’t being attended to. Mr. Soares showed questionable judgment in allowing a legal aide associated with the controversial self-help enterprise known as NXIVM to use his office while NXIVM was pushing Mr. Soares to re-indict a former consultant for the group. His intemperate remark about the judge handling a steroid case prompted a censure by a state judicial panel.

There would, in short, be a few notations for “room for improvement” on Mr. Soares’ performance evaluation. Hardly a case for dismissal of an otherwise admirable prosecutor. Albany County Democrats don’t have to hope for a candidate who represents positive change this time around; they can re-elect him.

Jay Jochnowitz

23 Responses

I’m disappointed, but not surprised with the TU endorsement of the incompetent David Soares. How convenient you overlook the controversial Soares “flaws” of hiring his stripper girlfriend in the DA’s office, and his reluctance to investigate crimes committed by Elliot Spitzer in your endorsement.

Refusing to prosecute people breaking the law is a good thing? Getting involved in a steriod case he has nothing to do with is a good thing? Covering for a former govener who is braking the law himself is a good thing? Not going after corruption in Albany is a good thing? Not ever being in the courtroom is a good thing? Getting convictions thrown out because of incompetence in his office is a good thing? Having an affair with a subordinate is a good thing? I guess he is the man for the job.

I’m amazed you can overlook the steroids trip to Florida which gave Soares national exposure and left Albany county with a huge debt. Also what about the Hotaling case? Wasn’t that the longest case in county court history? With 108 indictments and only 1 minor felony conviction?

Another reason to support David Soares’ re-election as the District Attorney of Albany County is because we don’t need a DA like his opponent who relies on racist “Willie Horton” style campaign literature. I was shocked when I received a recent piece of campaign literature from Kindlon that stooped to portraying our District Attorney David Soares as an ugly, angry black man. This type of campaigning has no place in our community. Anyone who relies on this kind of a campaign does not deserve to hold elected office.

Funny how all I heard on WCBS coming out of New York this morning was how “useless” and “incompetent” that “DA up and Albany” was. After three or four times of calling him “Suarez” somebody finally corrected them.

As others have noted, how could the TU not mention the steroid debacle? He’s still getting spanked over that.

Bassjig34, have you ever driven by a NYSP vehicle even 1 mph over the speed limit? I suspect you have, and I also suspect they didn’t pull you over to give you a ticket. Should that officer be fired for not issuing you a ticket for breaking the law? How about times when you may not have signaled and you again did not get a ticket? This is called discretion and it is given to all authorities. Did you hurt anyone while going 1 mph over the speed limit? How about the fender bender you may have caused by not signaling? The OWS folks didn’t hurt a soul and actually had intentions that were meant to drive a message home and give some power back to the regular citizen. I suspect illegal acts that you and others have not been tried on did not actually have any good societal impacts. OWS did, and so does David. He is making a difference as best he can in today’s political climate. Everyone handles things differently. Maybe you wouldn’t have travelled to Florida and saved Albany’s taxpayers? If that’s the case, then you would have to be fired for refusing to prosecute.

I also voted for Soares 8 years ago for change. Well he was a change from the old guard. Not really a good change. He had 2 terms and well seems he was in the papers more times for glory than actually helping Albany. His office and him have been hit with scandle. The FL steroid case was nothing except a huge $ expense for Albany. The covered up divorce and long term relationship with his assistant. His dealings with a so called Pastor Charlie that lives a better life than 90% of all people in Albany. How many cases has he actually tried in court and won?
With him deciding not to charge people who broke the law in the occupy movement. Regardless of his own views these people broke the law with no consequence. That seems to be how is office operates, whats good for me!
So as it should be for all politicians 2 terms and OUT.
This DA has turned out to be just another baby kissing politician with not much substance. Lying to all of Albany and not doing what his
what he is paid to do. Is/will Kindlon be any better? well his is a change and thats what got Soares elected 8 years ago and well its time again for CHANGE!

fezjunk – They di not have any of the permits etc. required. Do you really think that if the Tea Party rally had acted in the same manner that Soares would have reacted the same? We both know he would have laid the hammer down. Equal treatment is what is at the core and he obviously gave them preferrential treatment.

From all I have read about DS in many publications I can not understand why anyone would want to return him to the DA’s office. Obviously the TU is in bed with DS. The man has no morals or ethics. He acts as if he is above the law. Now there is news about him defaulting on his student loans. How can he prosecute anyone? I think that when all his scandals come to light the cases he tried are at risk of reversal. The man has had admitted (some not admitted yet) sexual relationships with subordinates in his office. There were complaints from female employees that appear to have been paid off just like the women in Vito Lopez’ harem. Soares is bad on so many levels and should be removed from office. Wake up people.

Bassjig34, that’s just your opinion. We don’t know how David would have handled Tea Party and for you to opine that he would have prosecuted them, without any facts to substantiate it, waters down your argument. As for permits, well, like I stated before, David and all authority has, at their discretion, the power to prosecute or not. It happens all the time, why are you suggesting otherwise, or that Kindlon would be any different? Unfortunately nowadays it seems that those with power or money have the ability to buy their discretion. David gave some respect to those that normally don’t have the means to effect change or protect themselves legally. I think this says volumes about his character, as well as his spending taxpayer money on cases that have more of an effect on society than permit violators. If David refused to prosecute a texter that killed someone, well, now you have a worthwhile point.

Why can’t the Times Union provide their readers with just the facts and let us decide which candidate is better suited for the job. Soares clearly falls short on credentials and character. I typically know who to vote for on election day…the candidate NOT endorsed by the Times Union editorial staff.

I bet there is a term for this in journalism schools. When there is an opinion you want to get out there, make sure to condense the negative facts and eliminate most. Then go on to many paragraphs to reject the opposition.

You ignored:

DA Soares defaulted on his law school loan. Not only that, he ignored and flaunted a summons to appear in court when Albany Law School sued him. How can a DA disrespect a court?

DA Soares was disciplined three times, not one. In a deposition for a federal court claim against Soares, he said under oath that there had also been two admonishments, in addition to the censure. That makes three. Can the editorial board do arithmetic?

DA Soares was a part of the NXVIUM cult that the Times Union has covered many times. DA Soares even allowed another NXVIUM member to use the DA’s office to work to discredit an attorney who filed suit against the cult. These sources come from your own reporters. Do you read your own paper and find it credible?

DA Soares failed to arrange for sentencing for two people who had pled guilty in court, so their cases were dismissed. This was in your paper too. Are your reporters credible?

DA Soares employed a young woman he was having an affair with while he was married and admitted it. Your paper covered this too.

My question to you, the editorial board and the publisher of the Times Union: Based on the stories your reporters have covered about problems with DA Soares, what made you limit the negatives to a four sentence paragraph covering little of it?

Soares finally settled the matter on July 22, 2011, but only after being threatened to have his wages withheld, the documents show.

Soares took out the Albany Law School Trustees Loan Program loan on Jan. 29, 1999. It required he make payments of $54.27 every month. His promissory note allowed for the addition of late charges at 5 percent interest, plus attorney fees, if the money was not repaid.

A June 11, 2010 complaint by the school noted that Soares had not made any payments on the loan since July 27, 2000, Joseph Lorigo, the school’s attorney, stated in court papers

I applaud the T-U’s sensible endorsement of David Soares. I was willing to listen to Kindlon’s arguments for why we should replace Soares, but heard nothing persuasive. Instead, the Kindlon campaign has been dirty and dishonest, bordering on a smear campaign. There’s also a sense that there’s something more to this challenge than hasn’t come out, something untoward. It’s all just convinced me to renew my vote for Soares.

How can the TU see all that is going on with DS and still endorse him? The people who follow politics, the blogs, work around the DA’s office, etc. know that DS is wrong for the job but the average reader only knows that the Times Union likes him so he can’t be too bad. How wrong they are and how irresponsible the TU is.

@samantha- you are not serious that you ever considered not voting for Soares. If you read anything about Soares and were a moderate open minded person you could never vote for him. Read what the Times Union wont publish on the blogs, NY Post, Village Voice, etc. The man is incompetent and unethical. But Thanks.